In what circumstances will a court order that a husband and wife be excluded from the matrimonial home for pushing and shoving?
Ontario, Canada
The following excerpt is from Berdun v. Berdun, 2008 CanLII 23945 (ON SC):
In Perrier v. Perrier (1989), 20 R.F.L. (3d) 388, Justice Kozak stated the following at p. 391: The parties’ descriptions of the pushing and shoving as described in their supplementary affidavits do not contain that element of violence or volatility that would prompt a court to exclude either one from the matrimonial home.
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